93 Iowa 27 | Iowa | 1894
The defendant is the administrator of the estate of B. Fritz, deceased. On the second day of November, 1891, the appellee filed in the office of the clerk of the District Court of Wapello county a claim against the estate for a balance alleged to be due on book account, in the sum of two hundred and thirty-six dollars and sixty-seven cents, and upon a note signed by Fritz, in the sum of one hundred and twenty-five dollars, dated January 1, 1882, due one day after date, and bearing interest at the rate of ten per cent from date. The administrator failed to allow the claim, and on June 29, 1898, plaintiff served upon defendant a notice of the proving of the claim, and that the same would come on for .bearing at-the following August term :of
On behalf of the appellant it is insisted that the filing of ¡the claim is not the commencement of the action;